Progress Report – March, 2013

The Real Property Amendment Act, passed in June 2011, provides better protection for property owners and lenders and reduces risk of real estate fraud.

The Manitoba government introduced new home warranty legislation in December 2012. Regulations are being developed.

The Condominium Act and Amendments Respecting Condominium Conversions (Various Acts Amended) Act was passed in June 2011. Several regulations are currently being developed.

On August 1, a new version of the residential offer to purchase became effective that requires the seller to provide a property condition statement, which will improve transparency in real estate transactions.

The Independent Advisor was established in the fall of 2010 as a three-year pilot project to help guide tenants and landlords through the hearing and dispute resolution process. This advisor office assists with information or guidance about client’s cases and is available at the Residential Tenancies Branch before hearings, by appointment or on a drop-in basis. The advisor is also available to assist people who are involved with appeals at the Residential Tenancies Commission.

Most forms under The Residential Tenancies Act were changed to include more information and use plain language. 

Landlords are now required to pay up to $500 of moving expense when a tenant must move because the landlord wants to live in the rental unit or do renovations that cannot be done while the unit is occupied.

The Motor Vehicle Information Disclosure Regulation enabled under The Business Practices Act came into force on December 31, 2011. Both new and used motor vehicle dealers in Manitoba must now disclose to consumers a wide range of information about a motor vehicle’s history and condition, both orally and in writing.

As of June 17, 2010 Manitoba Public Insurance publishes the names and locations of individuals and businesses that have received administrative sanctions under The Drivers and Vehicles Act from the Registrar of Motor Vehicles.

The Consumer Protection Amendment Act (Motor Vehicle Work and Repairs) was passed in June 2012. The regulations for this Act are currently being developed in consultation with consumer and industry stakeholders.

The Consumer Protection Amendment and Business Practices Amendment Act (Motor Vehicle Advertising and Information Disclosure and Other Amendments) was introduced in December 2012. The regulations will be developed in consultation with industry, stakeholders and consumer groups.

The Consumer Protection Amendment Act (Payday Loans) came into force on October 18, 2010, setting the maximum interest rate that can be charged for a payday loan and prescribing lending practices and licensing requirements for lenders.  Consumer Protection Office staff members conducted inspections of payday lenders to observe lending practices, identified breaches, worked with companies towards compliance, and educated consumers about the new legislation.

The Public Utilities Board reviewed the maximum rates that can be charged to cash a government cheque and ordered that the rates remain unchanged.

In 2012, federal Regulations concerning limits on cheque holds were put in place for federally regulated institutions. Credit Union manuals will be updated to reflect the new requirements.

The Government released a discussion paper and survey regarding gift card legislation in January 2013.  Comments from the public, industry and stakeholders on issues such as the existing legislation in Manitoba and other jurisdictions and various emerging issues at the federal and provincial levels were sought. The information received will be used to ensure that the protection Manitobans currently enjoy relating to gift cards remains strong.

In February 2011, the Payday Borrowers’ Financial Literacy Fund was established. All payday lenders that are licensed in Manitoba pay an annual levy of $500 for each licensed location. The Fund supports financial literacy initiatives that help consumers obtain the necessary skills, knowledge and information to make better financial choices.

On June 13 to 14, 2012, the Consumer Protection Office, in partnership with the Consumers' Association of Canada (Manitoba), Community Financial Counselling Services, Community Financial Services Centre and the Public Interest Law Centre of Legal Aid Manitoba held the Creating Community Options for Financial Services Conference to explore the potential to develop community-based lending alternatives and discuss challenges for financially-excluded consumers.

Grant funding to Community Financial Counselling Services has been increased to enable this non-profit organization to provide financial counselling and debt management services to Manitobans.

Amendments to The Consumer Protection Act regulation were made in February 2012 to protect Manitoba consumers from unfair business practices by debt settlement agencies by banning upfront charges and setting maximum fees.

The Consumer Protection Office released a guide in June 2011 for survivors of domestic violence. The guide identifies steps to take and resources available to help survivors get on their feet and manage their money.

Manitoba's insurance law is over 100 years old. The Financial Institutions Regulation Branch consulted with consumers and industry on modernizing the province's legislation and amendments to The Insurance Act were passed on June 14, 2012. Related regulations are being drafted.

Legislation came into effect January 31, 2011 that provides stronger protection against identity theft.  These changes to The Personal Investigations Act allow a consumer who believes their credit information has been compromised to tell a credit bureau to place a security alert on their file. The alert requires a credit grantor to take steps to verify a credit applicant’s identity before any new credit is provided.

The Grieving Family Protection Act was passed in June 2011.  The Government is currently consulting with consumers and the funeral services profession to solicit input before development of regulations under The Prearranged Funeral Services Act.

A mandatory and enforceable code of ethics for Funeral Directors is now in effect.

Legislation came into force in November 2011 addressing disclosure, notice of rate increases and complaint processes for rentals where services such as meals and recreation are also provided.

Resources, such as fact sheets, have been developed to help older adults steer clear of scams that often target these members of our community.

The Consumer Protection Office website has been updated and modernized with links to federal sites for areas that are regulated by the federal government, links to consumer alerts and social media platforms.

A resource guide was developed to provide information to new immigrants on consumer issues, including banking, credit, shopping, automobiles and transportation, housing, utilities, and protecting yourself from identity theft and scams. 

The Consumer Protection Amendment Act (Cell Phone Contracts) was passed in June 2010 and the regulations came into force on September 15, 2012.

The Consumer Protection Office released a public consultation paper on consumer fairness related to travel purchases.  Feedback from consumers and industry is being analysed, and legislation in other provinces is being reviewed with the goal of developing new consumer protection rules for Manitoba. 

Changes were made to The Consumer Protection Act that effectively banned negative option marketing.  The changes mean that companies cannot use a consumer’s failure to respond to the offer of goods or services as an agreement to pay for the product.

Changes were made to The Consumer Protection Act to increase the maximum fine for a breach and to enable the Court to order restitution upon a conviction. Legislation was introduced in December 2012 to amend the provisions under The Business Practices Act to make them more consistent The Consumer Protection Act.